Decision of the Complaints Committee 12218-20 Faulkner v
LancsLive
Summary of complaint
1. Keith Faulkner complained to the Independent Press
Standards Organisation that LancsLive breached Clause 2 (Privacy) and Clause 14
(Confidential sources) of the Editors’ Code of Practice in an article headlined
“The Blackpool road riddled with youth gangs 'abusing and threatening'
residents” published on 28 July 2020.
2. The article reported on concerns raised by residents
about antisocial and gang activity on their road. It named the road, and
reported claims from one named resident that he had reported this behaviour to
police more than 12 times in the past year, and now felt forced to move his
family away from the area. The article included comments from other unnamed
residents, and a response from the local police.
3. The complainant, the man named in the article, said that
the article breached Clause 2 and Clause 14. He said that after tweeting the
police about antisocial behaviour on his road, a reporter from the newspaper
replied and asked whether she could message him directly to ask a few questions.
He then had a conversation with the reporter via direct message, in which he
expanded upon his concerns about the antisocial behaviour and his complaints to
the police and council. Extracts from this conversation were then published in
the article. The complainant said that when he spoke with the reporter via
direct message, she did not make clear that some of his comments would be
included in the article and she did not ask for his permission to publish them.
He said that naming him in relation to his comments and reporting that he was a
resident of the road constituted an intrusion into his privacy because his
conversation with the reporter was private. He also said that the fact he was
named despite there being a lack of an explicit agreement to do so constituted
a breach of Clause 14. He said that he feared he would be the subject of
reprisals now that his name had been identified alongside his concerns about
the antisocial behaviour.
4. The newspaper did not accept that the article constituted
a breach of the Code. It said that the complainant had already publicly
identified himself as being concerned about antisocial behaviour on his road by
tweeting at the local police under his own name and naming his road in his
tweet. It also said that the complainant had previously tweeted his council to
say that he had repeatedly reported these concerns to the police, the council
and his MP, and that he was looking at moving out of the local area as a
result. Therefore, it said that the article did not reveal anything about the
complainant which was not already in the public domain, and therefore did not
intrude into his privacy. It said that when the reporter tweeted the
complainant, she made clear that she was a reporter acting on behalf of the
newspaper. Furthermore, it said that it was clear from the direct messages
exchanged between the reporter and the complainant that the reporter was
gathering information for an article, and noted that the reporter made clear
that she was writing an article by asking whether she could use the
complainant’s photograph “in my piece”. It said that it was generally the case
that if a reporter identified themselves as such, then any subsequent
conversation could be used as information for an article unless the interviewee
made clear that they wished to remain anonymous or the information they
provided was off the record. It said that there was no suggestion that the
complainant and the newspaper had agreed he would be a confidential source or
that he wanted to be anonymous. It also noted that at no point did the
complainant raise concerns about his identification in relation to the
information he provided or asked for the conversation to be off the record,
even when the reporter indicated that she was writing an article reporting on
his concerns. Nevertheless, on receipt of the complaint it removed the
complainant’s name from the article – when it was pointed out that one
reference remained during the period of direct correspondence, the newspaper
removed this too.
Relevant Code Provisions
5. Clause 2* (Privacy)
i) Everyone is entitled to respect for his or her private
and family life, home, health and correspondence, including digital
communications
ii) Editors will be expected to justify intrusions into any
individual's private life without consent. Account will be taken of the
complainant's own public disclosures of information.
iii) It is unacceptable to photograph individuals, without
their consent, in public or private places where there is a reasonable
expectation of privacy.
Clause 14 (Confidential sources)
Journalists have a moral obligation to protect confidential
sources of information.
Findings of the Committee
6. With regards to Clause 2, the Editors’ Code does not say
that consent must always be given in order to publish information about a
person. The question for the Committee was whether publishing the information
included in the article about the complainant without his consent, in this
instance constituted an unnecessary intrusion into his privacy.
7. In this case, the complainant had already disclosed on
Twitter that he had made complaints to the police, local council, and MP about
antisocial behaviour, and was thinking of leaving the local area as a result.
These tweets were made publicly and under the complainant’s own name. Although
these public tweets named the road the complainant had complained about, he was
concerned that the article had revealed he was a resident of the road. However,
the Committee considered that it was apparent from the public tweets that the
complainant was a resident – he talked about feeling he had to move out of the
area because of the antisocial behaviour. Furthermore, simply publishing that
the complainant was a resident of the road did not provide his exact address.
As such, distinct from the issue of whether the complainant was aware that his
comments would be reported when he spoke with the reporter, simply reporting
this information via the article did not constitute an unnecessary intrusion
into the complainant’s privacy – this information was already in the public
domain via the complainant’s own disclosure on Twitter and he did not have a
reasonable expectation of privacy in respect of this information. There was no
breach of Clause 2 on these points.
8. Clause 2 specifically references digital communications
and correspondence as being entitled to respect as part of a person’s private
life. In this case, the complainant said that regardless of the content of his
messages to the reporter, including them in the article without his knowledge
and consent constituted an intrusion into his privacy. The Committee noted the
complainant’s position that these were private messages, but in circumstances
where he was happy to make these comments to a person not previously known to
him who had identified herself as a journalist and had made clear that she was
writing an article, the Committee considered that these messages did not amount
to private correspondence. As such, the complainant did not have a reasonable
expectation of privacy over these messages and reporting their contents did not
intrude his privacy. There was no breach of Clause 2 on these points.
9. Clause 14 states that journalists have a moral obligation
to protect confidential sources of information.
Although there may be circumstances in which a journalist should take
proactive steps to check whether a complainant is happy to be named, whether a
source can reasonably be considered to be a confidential source will depend on
the circumstances. In this case, the reporter had at the outset identified
herself as a reporter from the newspaper and the line of questions and the
request for permission to use the photograph indicated that she was writing a
piece for publication. She had contacted the complainant because he had tweeted
publicly about his complaint to the police and the council, and so therefore
the essence of his concerns and his identity in relation to these concerns, was
already in the public domain. The complainant had at no point indicated he
wished to remain anonymous, or that his comments should not be reported in the
article. For these reasons, the complainant could not reasonably be considered
to be a confidential source in relation to the information he provided, and no
breach of Clause 14 in naming him in relation to his comments.
Conclusions
10. The complaint was not upheld
Remedial action
11. N/A
Date complaint received: 04/08/20
Date complaint concluded: 18/11/20